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HomeMy WebLinkAboutHR14-021 - Other - Teamsters Local Union #117 - MOU Maintenance Worker IV - 10/05/2016 l Records Mayj'agernen-L--) WASHItl it GYoll "�"�^ " m -� CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submba lon to Caty Clarks Office. deli portions are to be ccomaapleted� ilff you have questions, please contact City Clarrfk's Office. Vendor Name. )tChM51cy-> LOCrAE 11nian in Vendor Number. JD Edwards Number Contract Numraben H ou -R0 ' This is assigned by City Clerk's Office Description: Interlocal Agreement ❑ Change Order ❑Amendment ❑ Contract JZ Other: Contract Effective Date; Termination Date. Contract Renewal Notice (Days). Number of days required notice for termination or renewal or amendment Contract Manager., t. � � Department. BUM0.10 etmo `u's Contract Amount: Approval Authority.- ❑ Department Director ❑Mayor ficity Council Detail; (Lae address, location, parcel] number, tax ad, etc.); adcM0877_8_14 MEMORANDUM OF UNDERSTANDING by and between the CITY OF KENT and TEAMSTERS LOCAL UNION NO. #117 affiliated with the International Brotherhood of Teamsters regarding Maintenance Worker IV (position #10571) This Memorandum of Understanding (MOU) is entered into between the City of Kent ("City") and Teamsters Local Union #117 (Union) regarding Maintenance Worker IV Position #10571 ("Position") in the Operations Division of the City's Parks, Recreation, and Community Services Department ("Department"). I. Recitals 1.1 The City and the Union are parties to a collective bargaining agreement, effective January 1, 2014, through December 31, 2016 ("CBA"). 1.2 Under the CBA, the Position is classified at Range TM29. The duties and responsibilities of the Position include complex electrical duties that require a journeyman level electrical license. The former incumbent of the Position possessed the required journeyman license. No current member of the Union possesses the journeyman license required for the Position. 1.3 In lieu of recruiting a journeyman electrician to fill the Position, the City has proposed underfilling the position through a Maintenance Worker III, classified at Range TM25, and hiring an independent contractor to perform the complex electrical work for which a journeyman license is required. 1.4 The Union agrees with the City's proposal and the parties enter into this MOU to memorialize their mutual agreement and understanding. II. Agreement 2.1 Position Funding. The City will maintain funding for the Position in the City and Department budgets at the Maintenance Worker IV level, currently classified at Range TM29. 2.2 Under-Filling of Position. The City will underfill the Position with a Maintenance Worker III, currently classified at Range TM25. 2.3 Use of Outside Contractor and Restoration of Position. The City will contract complex electrical work that requires a journeyman electrician's license, which is approximately 25% of the current Position's duties, to an outside vendor as an independent contractor until either: (1) a member of the Union obtains a journeyman electrician license through the State of Washington and is successfully appointed to the Position', or (2) the City elects, in its sole discretion, to recruit and fill the Position with a qualified candidate who possesses the required journeyman electrician license. If the incumbent Union member who underfills the Position is not the individual appointed to the Position at its full status with the required journeyman electrician license, the incumbent member will remain in his or her current classification and shall suffer no loss in pay or benefits. 2.4 Management Rights. This MOU shall not be interpreted to limit the management rights as set forth in Article 12 of the CBA. ' The City agrees the intent of this language is to hire or promote a member of the bargaining unit upon successfully obtaining a journeyman electrical license, if the City has not already recruited and filled the Position with a qualified candidate who possesses the required license by the time a member is eligible. MOU Regarding Maintenance Worker IV (Position #10571) Page 1 of 2 2.5 Miscellaneous Provisions. 2.5.1 To the extent the terms of this MOU conflict with the CBA, the terms of this MOU shall control, 2.5.2 Any dispute regarding the interpretation or application of this MOU shall be handled in accordance with the grievance procedures set forth in the CBA. 2.5.3 This MOU was prepared and/or reviewed by both parties. In the event of an ambiguity in any term of this MOU, it shall be interpreted evenly, and not against the drafter of the MOU. The principle of contra proferentem shall not apply. 2.5.4 The parties agree that this agreement is non-precedent setting and shall not limit, restrict, prevent, or require the City or the Union to agree to similar agreements in the future. By signing below the parties agree that the above represents the parties' full and entire agreement with respect to the subject matter of this MOU. Signed this _ -5 day of � -s 2016. FOR THE CITY: FOR THE UNION: CITY OF KENT TEAMSTERS LOCAL UNION No, 117, 220 4th Avenue South affiliated with the International Brotherhood of Teamsters Kent, Washington 98032 14675 Interurban Ave S, Suite 307 Tukwila, WA 98168 C�/��BY\ BY t coke, Ma or Jo cearcy, Secreta fy reasurer Ma ry Fish , Hu n Resources Director BY —` ialani Jen q, Labor Relations Manager Appro e as to form: � I i � BYP JA ({(a ite, Assistant City Attorney Atte9t� BY ,g7 e4� - &1/I.0`Jt_1 Sue Hanson, Interim City Clerk i MOU Regarding Maintenance Worker IV (Position #10571) Page 2 of 2 REQUEST FOR MAYOR'S SIGNATURE I T Print on Cherry-Colored Paper Routing information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director Originator Leialani Jensen Phone (Originator): 253-856-5283 i i Date Sent: October 5, 2016 Date Required: October 7, 2016 Return Signed Document to: Leialani Jensen Contract Termination Date: VENDOR NAME: Date Finance Notified: (Only required on contraCts /A Teamsters Local Union 117 $20,000 and over or on any Grant DATE OF COUNCIL APPROVAL N/A Date Risk Manager Notified:October 5, 2017 Re wired on Non-City Standard Contracts/Agreements) Has this Document been Specifically Account Number: Authorized in the Budget? YES 0 NO N/A Brief Explanation of Document: Memorandum of Understanding with Teamsters Local Union 117 removing journeyman electrical work from the bargaining unit, downgrading a vacant Maintenance Worker IV position to a Maintenance Worker III. All Contracts Must Be Routed Through The Law Department (This area to pex'ompleted by the Law Department) Received: , ,v , -, J� Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Cftmpleted By Administration Staff Received: Recommendations and Comments: Disposition: RECEIVED Date Returned: CITY OF KENT CHYGLERK �s'U-Yln 1A 11 1 1 -4